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Case TitleAL OTRO LADO, INC. v. IMMIGRATION AND CUSTOMS ENFORCEMENT
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv01525
Date Filed2023-05-27
Date ClosedOpen
JudgeJudge Jia M. Cobb
PlaintiffAL OTRO LADO, INC.
Case DescriptionAl Otro Lado, Inc. filed suit against U.S. Immigration and Customs Enforcement to require it to continue to make available its Excel FOIA logs since 2018.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantIMMIGRATION AND CUSTOMS ENFORCEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-05-271COMPLAINT against UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 402 receipt number ADCDC-10099574) filed by AL OTRO LADO. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Taurel, Patrick) (Entered: 05/27/2023)
2023-05-30NOTICE OF ERROR re 1 Complaint; emailed to ptaurel@grossmanyoung.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 2. Missing/incorrect summonses. Please submit using the event Request for Summons to issue., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zrtw, ) (Entered: 05/30/2023)
2023-05-302CIVIL COVER SHEET by AL OTRO LADO, INC. re 1 Complaint, filed by AL OTRO LADO, INC.. Related document: 1 Complaint, filed by AL OTRO LADO, INC..(Taurel, Patrick) (Entered: 05/30/2023)
2023-05-303REQUEST FOR SUMMONS TO ISSUE by AL OTRO LADO, INC. re 1 Complaint, filed by AL OTRO LADO, INC.. Related document: 1 Complaint, filed by AL OTRO LADO, INC..(Taurel, Patrick) (Entered: 05/30/2023)
2023-05-31Case Assigned to Judge Jia M. Cobb. (zrtw) (Entered: 05/31/2023)
2023-05-31NOTICE OF ERROR re 1 Complaint; emailed to ptaurel@grossmanyoung.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Missing/incorrect summonses. Please submit using the event Request for Summons to issue., 2. Please resubmit using FOIA Summons (zrtw, ) (Entered: 05/31/2023)
2023-05-314REQUEST FOR SUMMONS TO ISSUE by AL OTRO LADO, INC. re 1 Complaint, filed by AL OTRO LADO, INC.. Related document: 1 Complaint, filed by AL OTRO LADO, INC..(Taurel, Patrick) (Entered: 05/31/2023)
2023-06-015SUMMONS (3) Issued Electronically as to IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 06/01/2023)
2023-07-056NOTICE of Appearance by Kenneth A. Adebonojo on behalf of IMMIGRATION AND CUSTOMS ENFORCEMENT (Adebonojo, Kenneth) (Entered: 07/05/2023)
2023-07-127RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/12/2023. (Taurel, Patrick) (Entered: 07/12/2023)
2023-07-128RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/12/2023. Answer due for ALL FEDERAL DEFENDANTS by 7/12/2023. (Taurel, Patrick) (Entered: 07/12/2023)
2023-07-129RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 6/12/2023 (Taurel, Patrick) (Entered: 07/12/2023)
2023-07-1210Consent MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Adebonojo, Kenneth) (Entered: 07/12/2023)
2023-07-1311MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Andrew Christian Graham Carmichael Fels, Filing fee $ 100, receipt number ADCDC-10202636. Fee Status: Fee Paid. by AL OTRO LADO, INC.. (Attachments: # 1 Certificate of Good Standing)(Taurel, Patrick) (Entered: 07/13/2023)
2023-07-14MINUTE ORDER granting 10 Defendant's Consent Motion for Extension of Time: Upon consideration of the Motion and for good cause shown, it is hereby ORDERED that the Motion is GRANTED. Defendant will respond to Plaintiff's Complaint by July 19, 2023. Signed by Judge Jia M. Cobb on July 14, 2023. (lcjmc2) (Entered: 07/14/2023)
2023-07-14MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice: Attorney Andrew Fels is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Signed by Judge Jia M. Cobb on July 14, 2023. (lcjmc2) (Entered: 07/14/2023)
2023-07-1912NOTICE of Appearance by Andrew Christian Fels on behalf of AL OTRO LADO, INC. (Fels, Andrew) (Entered: 07/19/2023)
2023-07-1913AMENDED COMPLAINT against IMMIGRATION AND CUSTOMS ENFORCEMENT filed by AL OTRO LADO, INC.. (Attachments: # 1 Exhibit)(Fels, Andrew) (Entered: 07/19/2023)
2023-08-0214Consent MOTION for Extension of Time to File an Answer or Other Response to Plaintiff's Amended Complaint by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Adebonojo, Kenneth) (Entered: 08/02/2023)
2023-08-04MINUTE ORDER granting 14 Defendant's Unopposed Motion for Extension of Time: Upon consideration of the Motion and for good cause shown, it is hereby ORDERED that the Motion is GRANTED. Defendant will respond to Plaintiff's Amended Complaint by August 15, 2023. Signed by Judge Jia M. Cobb on August 4, 2023. (lcjmc2) (Entered: 08/04/2023)
2023-09-13MINUTE ORDER: Defendant's deadline to respond to the Amended Complaint was August 15, 2023. As of the date of this order, no response has been filed, and Plaintiff has not taken additional measures to prosecute this case. It is therefore ORDERED that the Parties shall file a status report by September 27, 2023, or otherwise take steps to proceed with the case. Signed by Judge Jia M. Cobb on September 13, 2023. (lcjmc2) (Entered: 09/13/2023)
2023-09-1815Consent MOTION for Leave to File by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 09/18/2023)
2023-09-19MINUTE ORDER granting 15 Consent Motion for Leave to File Answer: In consideration of the Defendant's Motion, it is hereby ORDERED that the Motion is GRANTED. The clerk is requested to docket Exhibit A as the Answer in this case. Signed by Judge Jia M. Cobb on September 19, 2023. (lcjmc1) (Entered: 09/19/2023)
2023-09-1916ANSWER to 13 Amended Complaint by IMMIGRATION AND CUSTOMS ENFORCEMENT.(znmw) (Entered: 09/20/2023)
2023-09-20MINUTE ORDER: The Court ORDERS that the Parties confer and submit a joint proposed schedule for further proceedings, which shall include a proposed schedule for the processing and release of responsive records or for briefing dispositive motions, by October 4, 2023. Signed by Judge Jia M. Cobb on September 20, 2023. (lcjmc1) (Entered: 09/20/2023)
2023-09-20Set/Reset Deadlines: Brief due by 10/4/2023. (zgf) (Entered: 09/20/2023)
2023-10-0417NOTICE of Appearance by Yoseph T. Desta on behalf of All Defendants (Desta, Yoseph) (Entered: 10/04/2023)
2023-10-0418Joint PROPOSED BRIEFING SCHEDULE by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Desta, Yoseph) Modified event title on 10/5/2023 (znmw). (Entered: 10/04/2023)
2023-10-0519ORDER: It is hereby ORDERED that the Parties shall file a joint status report on November 10, 2023 and every 90 days thereafter. See scheduling order for details. Signed by Judge Jia M. Cobb on October 5, 2023. (lcjmc1) (Entered: 10/05/2023)
2023-11-0920Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Desta, Yoseph) (Entered: 11/09/2023)
2023-11-2221SECOND AMENDED COMPLAINT Second against IMMIGRATION AND CUSTOMS ENFORCEMENT filed by AL OTRO LADO, INC.. (Attachments: # 1 Exhibit 10.25.2023 ICE FOIA letter)(Fels, Andrew) Modified event title on 11/27/2023 (znmw). (Entered: 11/22/2023)
2023-12-0622ANSWER to 21 Amended Complaint by IMMIGRATION AND CUSTOMS ENFORCEMENT.(Desta, Yoseph) (Entered: 12/06/2023)
2023-12-06MINUTE ORDER: The Court ORDERS that the Parties confer and submit a joint proposed schedule for further proceedings, which shall include a proposed schedule for the processing and release of responsive records or for briefing dispositive motions, by December 20, 2023. Signed by Judge Jia M. Cobb on December 6, 2023. (lcjmc2) (Entered: 12/06/2023)
2023-12-1623Joint STATUS REPORT and Joint Proposed Schedule by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order Plaintiff's Contested Proposed Order)(Desta, Yoseph) (Entered: 12/16/2023)
2023-12-19MINUTE ORDER re 23 Joint Status Report: Having reviewed the Joint Status Report, the Court agrees with Defendant that a briefing schedule for a motion for judgment on the pleadings is premature. However, the Court does not understand Defendant's position as to why it is unable to provide an estimated schedule for the documents described in Plaintiff's September 25, 2023 FOIA request. As the Court understands the record in this case, that recent FOIA request covers the same documents alleged to fall under 5 U.S.C. 552(a)(2) that were already described in Plaintiff's 13 First Amended Complaint on July 19, 2023. See also Citizens for Responsibility & Ethics in Wash. v. DOJ , 846 F.3d 1235, 1240 (D.C. Cir. 2017) ("[A] plaintiff may bring an action under FOIA to enforce the reading-room provision, and may do so without first making a request for specific records under section 552(a)(3)."). The Court therefore ORDERS the Parties to confer and submit a joint status report no later than January 15, 2024. It is further ORDERED that, in that joint status report, Defendant shall include a proposed production schedule for all documents requested by Plaintiff. Plaintiff shall include its position on Defendant's proposed schedule. Both Parties shall include their positions on the appropriate rate of production (in pages per month). Signed by Judge Jia M. Cobb on December 19, 2023. (lcjmc2) (Entered: 12/19/2023)
2024-01-1524Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Affidavit Defendant's Declaration, # 2 Text of Proposed Order Plaintiff's Proposed Order)(Desta, Yoseph) (Entered: 01/15/2024)
2024-01-2325SCHEDULING ORDER: The Court has reviewed the Parties' respective proposals in their 24 joint status report. The Court largely agrees with Plaintiff's proposed schedule and will adopt it with some modifications. The Court will highlight and explain the key provisions of the scheduling order here. First , the Court will order Defendant to conduct the "supplemental search of relevant ICE directorates and program offices." ECF 24 at 2 n.3. Defendant represents that there are four other offices that are "reasonably likely to have... additional records outside of the [central repository] that are potentially responsive to Plaintiff's request" regarding ICE policies under 5 U.S.C. 552(a)(2)(B). ECF 24-1 para. 7. If these offices are reasonably likely to contain relevant records, then Defendant should search them forthwith, just as Defendant already searched the six offices that were "reasonably likely to have records responsive to [Plaintiff's] request" for staff manuals and instructions under 5 U.S.C. 552(a)(2)(C). ECF 24-1 para. 8. Second , even after the aforementioned "supplemental" search, the Court will order Defendant to complete its processing and production of all 552(a)(2) records by October 31, 2024 -- a deadline that "ICE anticipates that it will be able to meet." ECF 24 at 2. The Court acknowledges that "ICE's normal processing rate for cases in litigation is 500 pages... per month, per case," ECF 24-1 para. 15, and appreciates that this rate has been accepted in other circumstances as well, see id. para. 15 n.3 (collecting cases). Yet this Court nonetheless retains "broad discretion to determine a reasonable processing rate for a FOIA request," Colbert v. FBI , No. 16-CV-1790, 2018 WL 6299966, at *3 (D.D.C. Sept. 3 2018), and an "agency's desire for administrative convenience is simply not a valid justification" in each and every case, Seavey v. DOJ , 266 F. Supp. 3d 241, 246 (D.D.C. 2017). In this case, the Court is mindful of the fact that this suit arises out of Defendant's purported lack fo compliance with a pre-existing, mandatory obligation to publish records falling under FOIA's reading room provisions. See 5 U.S.C. 552(a)(2). Had Defendant posted some of the policies, manuals, and FOIA logs that it admits it did not publish to its "FOIA Library" prior to this lawsuit, ECF 22 paras. 46-47, 49, 60-63, 77, its present burden may have been somewhat alleviated by now, see, e.g. , 5 U.S.C. 552(a)(2)(E) (requiring publication of an index of records already released to individuals under FOIA). In any case, ICE's processing rate preference is not an official policy, see ECF 24-1 para. 15, but even if it were, the Court would not be bound by that policy, see Seavey , 266 F. Supp. 3d at 248 (setting processing rate at 2,850 pages per month despite FBI's 500-pages-per-month policy); Clemente v. FBI , 71 F. Supp. 3d 262, 269 (D.D.C. 2014) (setting processing rate at 5,000 pages per month). Third , notwithstanding the fact that the Court will not set a maximum processing rate ex ante , the Court will permit ICE to submit a request to modify the schedule if the above-referenced searches uncover documents so voluminous that compliance with the October 31 deadline would yield absurd or unduly burdensome results. Because ICE has demonstrated the capability of processing around 3,000 pages per month, ECF 24 at 4, ICE may ask this Court to consider modifying the schedule if the volume of policy documents would require ICE to process more than 1,500 pages of policies per month ( not including its other obligation to process a minimum of 500 pages of staff manuals and instructions per month). Finally , the Court will also order ICE to submit a sworn declaration of compliance after it completes the processing and production of all relevant records. The Court agrees with Plaintiff that Defendant is in the best position to evaluate whether Defendant has properly searched, processed, and produced its records as required by FOIA's reading room provisions. ECF 24 at 6. Especially because ICE has already provided sworn testimony that, in effect, it has complied with 5 U.S.C. 552(a)(2)(A) because "ICE does not issue final opinions or orders related to cases in immigration court," ECF 24-1 para. 5, it seems reasonable to require that ICE similarly attest to its compliance with the remaining reading room categories. The Court will grant ICE a period of 30 days following the completion of production to submit a sworn declaration to that effect. ICE shall submit its declaration of compliance by November 30, 2024. The Parties are directed to consult the full scheduling order for further details. Signed by Judge Jia M. Cobb on January 23, 2024. (lcjmc2) (Entered: 01/23/2024)
2024-03-2526Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Desta, Yoseph) (Entered: 03/25/2024)
2024-05-2327Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Desta, Yoseph) (Entered: 05/23/2024)
2024-07-2328Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Desta, Yoseph) (Entered: 07/23/2024)
2024-09-2329Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Desta, Yoseph) (Entered: 09/23/2024)
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